Greg Kotrba,38, former probation officer in the Barry County Courts, will be sentenced in a Calhoun County Court on April 17 for one count of abusing his office and two counts of drug possession.
Kotrba pleaded guilty as charged to all three, Calhoun County Prosecutor David Gilbert said.
There is no plea agreement on the “indictable offense under common law,” or abusing his office, which is punishable by five years in prison and/or $10,000 fine, he said.
On the two drug offenses, Gilbert said his office would not object if the judge sentenced Kotrba under Michigan drug law 333.7411 which allows the charges to be dismissed for first time offenders if they successfully complete probation. “But that’s up to the judge,” he said.
The drug charges were possession of less than 25 grams of a controlled substance, punishable by four years/$2,500 fine, and possession of analogues, with a possible sentence of two years/$2,000 fine. After a Barry County Sheriff’s Office investigation, Kotrba’s case was assigned to the Calhoun County Prosecutor’s office to avoid any potential conflict of interest.
The following information is from the sheriff’s office investigative report:
A Delton Kellogg DK Academy alternative education student told his teacher that he and other students were being pressured by Kotrba, their juvenile probation officer, to get prescription drugs for him. The teacher doubted the charges until reading text messages between the students and Kotrba that the students kept on cell phones.
The student, identified as CI, said when the students were enrolled in Juvenile Drug Court, they were prescribed Vyvanse for their diagnosed ADHD. Kotrba volunteered to hold their medication and distribute it to them every week. One time, he told them their medications had been stolen from his car, and their pills, “were always coming up missing or short for the month,” the students said
When CI complained, Kotrba agreed to buy pills from the students. CI claimed Kotrba got, “Vicodin, Narco, Vyvanse, whatever.” Kotrba paid the students $300 for drugs on one occasion, but they spent the money instead of providing the drugs.
In November of last year, SWET and the sheriff’s office coordinated a meeting for Kotrba to buy drugs from CI. SWET directed CI to set up a meeting with Kotrba to deliver 28 pills of 40 mg Vyvanse on Nov. 16, the day after he picked up his prescription in Delton. The unopened drugs were held by authorities until the next day when a controlled delivery was made by CI, under SWET’s direction, of the Vyvanse and eight Norco 10/325, to Kotrba in a parking lot at M-43 Highway and Orchard Street.
Kotrba was pulled over by deputies at M-43 Highway and Sprague Road where he was taken into custody for controlled substance violation.